iPROGRESS| 






IN THE 






ARTS 



I PROTECTION BY PATENT, I 

i I 

^ Some Information in Regard to the ^ 

U. S. Patent Office. Wy ' 






BY WALLACE A. BARTLETT. 



I 



WASHINGTON, D. C. 

PRESS OF JOSEPH BART & CO. 

1885. 



I 



PROGRESS 



IN THE 



ARTS 



PROTECTION BY PATENT, 



Some Information in Regard to the 
' U. S. Patent Office. 



BY WALLACE A. BARTLETT. 



WASHINGTON, D. C. 

PRESS OF JOSEPH BART & CO. 

1885. 






Copyright, 



The Unifced gtatie^ patent Office. 



ORGANIZATION. 

The working force of the Patent Office 
numbers about 600 persons, graded from 
the Commissioner, at ^4,500 per year, to 
laborer, at $360. 

The cash receipts of the office, from fees 
and sale of copies, etc., amount to about 
$4,000 for each working day. Expenses for 
all purposes, say $3,300/^;' diein^ leaving a 
net revenue of about 8200,000 per year. 

Applications for patents average at the 
present time nearly 3,000 per month ; grant 
of patents, about two-thirds as many. 

About one-third of the whole number of 
employees are engaged in the work of ex- 
amining new applications. With the clerks 
in charge of the records, copyists, proof- 
readers, etc., the inventive public have little 
intercourse. The examiners are brought 
into direct correspondence with every appli- 
cant for patent, or with the representative 
of the inventor. 

The examining foice is divided into 
twenty-seven* divisions, each division con- 
sisting of one principal examiner, from three 



to six assistant examiners, and one or two 
clerks and copyists. 

The inventions assigned to each exam- 
iner's division are analogous, as nearly as 
may be. Thus, one has agricultural imple- 
ments ; another, electrical appliances ; an- 
other, printing machines, etc., etc. 

Each division has copies of all U. S. 
patents, and all foreign patents, so far as 
published, relating to the special art, and a 
small technical library. A fine technical 
library and duplicate copies of all published 
patents are accessible to the examiner and 
to the public. 

Each principal examiner receives as nearly 
as may be his proper proportion of the 
whole work of the office. The attempt to 
equalize the work, which is constantly fluc- 
tuating, causes many of the errors made by 
the office, by putting examinations into the 
hands of non-experts in a particular line. 

EXAMINATIONS. 

The duty of the examiner, as defined by 
law, is to determine on the novelty of an al- 
leged invention for which a patent is asked. 

If the device has been patented in any 
country, or described in any book, prior to 
the invention by an applicant, it is not 
patentable to him. ' * 

The assistants do most of the searching of 



the records, which are well arranged for the 
purpose. The principal examiner acts on 
the report of his assistant and passes on the 
claims. He can seldom find time to read 
the specification, but must get his under- 
standing of the invention from the drawing, 
and an epitome of the specification by his 
assistant. 

A favprable decision by the principal ex- 
aminer is generally final, and claims not ob- 
jected to by him are considered as allowed. 
From his rejection of a claim appeal may 
be taken. 

The examiner does not pretend to pass 
on matters not claimed. If but one claim 
is made and applicant is entitled to 40, the 
examiner knows nothing about the other 39. 
This conforms to the practice of the courts, 
in which a man does not recover more than 
the amount for which he brings suit, how- 
ever much may be due him*. 

As a rule the examiners are cultured and 
courteous gentlemen. They labor under the 
disadvantage of being obliged to try to fol- 
low conflicting decisions of successive com- 
missioners, who have generally been ap- 
pointed for political considerations and have 
seldom held office long enough to under- 
stand the questions they passed on. Fur- 
thermore, each examiner knows that if he 
rejects a claim for a proper reason^ he will 
have acted rightly, whereas if he allows a 



claim he may be in error through having 
overlooked some obscure book or patent. A 
dread of responsibility thus induced, some- 
times causes the examiner to reject for in- 
sufficient reasons. 

The board of three Examiners-in-Chief, 
to whom appeals may be taken from the de- 
cision of any examiner on payment of gio, 
are officers learned in the law and skilled in 
the mechanic arts, and if the adverse de- 
cision is an improper one it is seldom sus- 
tained by this board. 

ISSUE OF PATENTS. 

When the claims of an application have 
been allowed the examiner in charge certifies 
to the fact, the papers in the case are sent to 
the ^' issue" division, and applicant is noti- 
fied that his patent will be granted on pay- 
ment of the final- fee of ^20, if paid within 
six months. 

Patents are issued on Tuesday of each 
week, generally within 20 days of the time 
of payment of final fee, about that tinie being 
required for the printing and preparation of 
the patent. 

If the applicant allows his case to forfeit 
by non-payment of final fee within six 
months, he may renew the same at any time 
within the next eighteen months by paying 
first fee over again, using the old papers. 



HINTS TO PATENTEES. 



The owner of an undivided interest in a 
patent, no matter how small, can make and 
use 1-he invention covered by .the patent. 

An assignment of ^^ any future improve- 
ment '^ is not a valid- assignment in the 
Patent Office. An assignment must par- 
ticularize the application or patent to which 
it relates. 

An assignment must be recorded in the 
Patent Office within three months to be 
valid as against a subsequent assignee. 

United States patents have a term of 
seventeen years unless the invention has 
been patented abroad, in which case the U. 
S. patent expires with the first expiring for- 
eign patent. 

European patents must generally be filed 
the same day the U. S. patent is granted. 

No U. S. patent can be extended beyond 
seventeen years save by act of Congress. No 
seventeen year patent has ever been ex- 
tended. 

A reissue is to correct error in the origi- 
nal patent, and must be made at once on 
discovery of the error, (or, by recent 
ruling, within two years after grant ot 
patent.) 



^ome flotaWe patsent^. 



ELI WHITNEY'S COTTON GIN. 



The cotton gin patent to Eli Whitney^ 
dated March 14, 1794, was signed by James 
Madison, Secretary of State, and promul- 
gated by Geo. Washington, President of the 
United States, on certificate of Wm. Brad- 
ford, Attorney General, that Whitney was 
entitled to his patent. 

This invention certainly worked a revolu- 
tion in a great industry, and it has been 
asserted that it changed the political destiny 
of the American people. 

There are twelve figures in the drawing of 
the patent. Most of these are detached views 
of parts. The two figures shown in the cut 
are fac siitiiles of the important figures in the 
patent. The construction and mode of op- 
eration are apparent. The cotton gin is too 
well understood to require description. 

No claims were appended to a patent prior 
to 1836. 

The original papers of the Whitney grant 
were destroyed in the Patent Office fire of 
1836, but a copy of the patent w^as afterward 
restored to the files. 



11 



LATHK FOR TURNING IRREGULAR 
FORMS. 



TJiomas Blanchanr s Patent. 



The Blanchard lathe, originally patented 
Sept. 6, 1 8 19, was an invention so merito- 
rious that the date of patent was advanced by 
act of Congress to January 20, 1820, and the 
patent was twice extended for periods of 14 
years, making the whole term of the patent 
(which expired Jan. 20, 1862,) more than 
42 years. 

The illustration is ^fac simile of the draw- 
ing, complete. The principle of the opera- 
tion is simply that the cutter shall be brought 
into the same relation to the block that the 
cutter guide bears to the model, and that 
this guide shall pass over every portion of 
the surface of the model. 

The modern prototype of this machine 
differs essentially in appearance, but the 
mode of operation is substantially the same. 
By slight changes increased, diminished, or 
reversed copies of the model may be pro- 
duced. As stated in the original patent, the 
same form of machine will operate on wood, 
stone, or metal, although the original ma- 
chine was specially intended to produce gun 
stocks and shoe lasts. 



13 
SAM. COLT'S REVOLVER. 



Patented Feb. 2^, i8j6. — No. ij8. 



Sam. Colt's original revolver patent con- 
tained some 30 figures of illustration, but 
the figures were details, illustrating every 
spring, screw, pin, and other part in the 
arm. Two of the three important figures 
are shown in the cut. No claims were form- 
ulated in the original, but the patent was 
afterward reissued and five claims were made. 
The patent was extended seven years, and 
expired Feb. 25, 1857. 

Revolving fire-arms had been known for 
three centuries before Colt's invention. 
Colt's main improvement was to connect 
the cylinder with the lock mechanism, so 
that the rotation of the cylinder was auto- 
matic. He also applied the percussion lock, 
then just coming into use, and divided the 
nipples one from another, so that there was 
less danger of firing more than one chamber 
at a time. 

Although Colt made several minor im- 
provements, which he patented later, his 
first invention had the salient features of the 
arm as constructed until it was changed to 
use metallic ammunition. 



15 



JOHN ERICSSON'S SCREW PROPEL- 
LER. 



Patented Feb. i, i8j8. — No. ssS. 



The application for Ericsson's first Amer- 
ican patent for screw propeller was executed 
at the U. S. Consulate at London. Quite 
a number of modifications are shown in the 
drawing, among others a double propeller 
mounted at the end of and driven by a ver- 
tical shaft at the stern of the vessel. 

Ericsson seemed at that time to believe 
that there was advantage in placing a series 
of screws one behind the other, the rearmost 
being driven at a higher speed than the 
foremost. Subsequent patents cover many 
improvements made by Ericsson in screw 
propellers, as also inventions in almost every 
branch of the mechanic arts. Few inventors 
have been more prolific; none, probably, 
has grasped a wider range of subjects. 



17 
HOWE'S SEWING MACHINE. 



Patented to Ettas Howe, Jr. , Sept. lo, 1846. 
No. 4JS0. 



Two of the five figures from the drawing 
of Howe's patent are shown in the cut. 
The eye-pointed needle, carried by an os- 
cillating bar, was stabbed through the fabric, 
and the shuttle carried the second thread 
through a loop thus formed, to make a lock- 
stitch. 

Five claims were allowed in the original 
patent, which may be briefly summarized as 
follows: 

''The forming of the seam by carrying 
the thread through the cloth by means of a 
curved needle on the end of a vibrating 
arm.^- 

'' The lifting of the thread that passes 
through the needle-eye.' 

"• The holding of the thread that is given 
out by the shuttle." 

'' The manner of arranging and combin- 
ing the small lever m^ n^ with the sliding- 
box m." 

'' The holding of the cloth to the seam by 
the use of a baster-plate furnished with 
points for that purpose." 

These claims would be thrown out of the 
Patent Office at the present time for infor- 
mality. 




i 



19 
THE HOE PRINTING PRESS. 



Patented to Richard M. Hoe, yuly 24, 1847. 
No. s 199- 



In this invention the principal features of 
novelty were the cylinder, on which the 
types were secured by means of the column- 
rules and made to rotate with the cylinder, 
a part of the circumference of thecylinder 
being used as an ink-distributing table. The 
sheets to be printed were fed to impression 
cylinders arranged around the central type 
cylinder. The presses manufactured under 
this invention were built with from two to 
ten cylinders, and a sheet was printed on 
each impression cylinder at each revolution 
of the type cylinder. 

The illustration, Fig. i of the patent draw- 
ing, gives a side elevation of a four-cylinder 
press. 

There ars three figuies in the drawing of 
the patent, and four claims were allowed, 
one on the bed construction, one on the 
form-inking rolls, one on the fountain, and 
one on the method of locking the type by 
the column rules. 

A large number ot improvements were 
made by the Messrs. Hoe on their type- 
revolving press, but it has lately been prac- 
tically superseded by their presses which 
print from a continuous web of paper. 



21 
TIMBY'S ARMORED TURRET. 



The Monitor Turret 



Theodore R. Timby received two patents 
July 8, 1862, numbers 35846 and 35847, 
the former with one claim covering a revolv- 
ing tower combined with an independently 
rotating shaft, the latter with seven claims 
for mechanism for working guns, and for 
firing guns by electricity. September 30, 
1862, Mr. Timby was granted patent No- 
36593, with a single claim for '' a revolving 
tower for defensive and offensive warfare? 
whether placed on land or water/' 

Before the patents were issued the effi- 
ciency of the invention had been demon- 
strated by actual trial on the Monitor. 

Mr. Timby filed his first papers in the 
Patent Office in 1845. "^he original draw- 
ing shows the pilot house on top of the tur- 
ret. The mistake of placing in front of the 
turret on the Monitor seriously impaired the 
efficiency of that vessel, as stated by Com- 
mander Greene. 

The Timby patents were purchased by 
John A. Griswold, the financial backer of 
the Monitor enterprise, in z862. 



23 
THE BELL TELEPHONE. 



Pate7it No. i']446s, of March 7, i^/d. 



Alexander Graham BelPs first patent on 
the telephone has figures of drawing illus- 
trating the theory of undulating currents in 
telagraphy. The seventh figufe of the 
drawing is the only one which presents the 
telephone, and in a very long specification 
but brief description is given of this, as fol- 
lows : 

One of the ways in which the armature r, Fig. 5 
may be set in Tibration has been stated above to be 
by wind. Another mode is shown in Fig. 7, where- 
by motion can be imparted to the armature by the 
human voice or by means of a musical instrument. 

The armature r, Fig. 7, is fastened loosely by one 
extremity to the uncovered leg <^ of the electro mag- 
net b^ and its other extremity is attached to the cen- 
tre of a stretched membrane, a. A cone, A, is used 
to converge sound-vibrations upon the membrane. 
When a sound is uttered in the cone the membrane 
a is set in vibration, the armature c is forced to par- 
take of the motion, and thus electrical undulations 
are created upon the circuit E b e f g. These undu- 
lations are similar in form to the air vibrations caused 
by the sound — that is, they are represented graphi- 
cally by similar curves. 

The undulatory current passing through the 
electro magnet f influences its armature h to copy 
the motion of the armature c. A similar sound 
to that uttered into A is then heard to proceed 
from L. 



24 

The full claims are : 

1. A system of telegraphy in which the receiver 
is set in vibration by the employment of undulatory 
currents of electricity, substantially as set forth. 

2. The combination substantially as set forth, of a 
permanent magnet or other body capable of induc- 
tive action, with a closed circuit, so that the vibra- 
tion of the one shall occasion electrical undulations 
in the other, or in itself, and this I claim, whether 
the permanent magnet be set in vibration in the 
neighborhood of the conducting wire forming the 
circuit, or whether the conducting wire be set in vi- 
bration in t-lie neighborhood of the permanent mag- 
nei, or whether the conducting wire and the perma- 
nent magnet both simultaneously be set in vibra- 
tion in each other's neighborhood. 

3. The method of producing undulations ni a 
continuous voltaic current by the vibration or motion 
of bodies capable of inductive action, or by the vi- 
bration or motion of the conducting wire itself, 
in the neighborhood of such bodies, as set forth 

4. The method of producing undulations in a 
continuous voltaic circuit by gradually increasing 
and diminishing the resistance of the circuit, or by 
gradually increasing and diminishing the power of 
the battery, as set forth. 

5. The method of, and apparatus for, transmitting 
vocal or other sounds telegraphically, as herein de- 
t?cribed, by causing electrical undulations, similar in 
form to the vibrations of the air accompanying the said 
vocal or other sounds, substantially as set forth. 

It thus appears that the telephone was 
supposed to be but a subordinate feature 
of a system of telegraphing by undulatory 
currents, and the great feature of the tele- 
phonic art was hardly dreamed of by the 
inventor. 



25 



Some Facts Concerning Patents. 



On the first of January, 1885, there were 
in force in the United States about 235,000 
patents, having from a few days to seventeen 
years to run. 

At that date about 85,000 patents had 
expired by limitation. No patent now runs 
for more than seventeen years. The term 
can only be extended by act of Congress. 
At the present time a little more than one 
thousand patents expire each month, and 
not far from 1,800 new ones are issued. 

It is a low estimate of the value of patents 
to average them at $3,000, or say $700,000,- 
000 for the patents now in existence. The 
patents for telegraphs, telephones, and 
electric lights are capitalized at nearly a 
third of that sum. It thus appears that the 
average value of patents is greater than that 
of separate holdings of real estate, which 
has been estimated af about $1,600. 

What sane man, in buying a piece of real 
property, would trust to any but an expert 
surveyor to establish the bounds ? and what 
m.an would buy a piece of real estate with- 
out a certificate of title from a responsible 
conveyancer? 



26 



A solicitor of patents is at once surveyor 
and conveyancer in regard to patent prop- 
erty. The claim in a patent establishes the 
metes and bounds of the grant. If the so- 
licitor or surveyor stakes off too little, the 
grant is to that extent limited. If the so- 
licitor or conveyancer is ignorant or care- 
less, the title may be faulty and the grant 
invalid ab initio. 

The inventor who employs any but the 
best talent in securing the protection of a 
patent for the product of his genius and in- 
dustry, is trifling with his own interests. 
Since the recent decisions of the Supreme 
Court have made the remedy of errors by 
reissue a very doubtful or hazardous one, it 
becomes of great importance that a patent, 
ivhen granted, should be without flaw. 

If an invention has been patented in any 
country, or described in any printed pub- 
lication, it is not patentable; but if the de- 
vice is an improvement, ^^ the difference is 
patentable.'' As more than nine-tenths of 
all the inventions are yierely improvements 
in known arts, it becomes necessary to 
point out clearly the nice distinctions which 
exist. The difference between success and 
failure is often but a trifle. 

As the arts grow more complex, the difii- 
cuity of presenting the invention to the 
oflice, in such manner as to protect the in- 



27 

ventor and inform the public, becomes 
vastly greater. 

More than half the patents issued are of 
less value than they should be, owing to 
faulty preparation ; and some of tlie very 
best inventions have been absolutely sacri- 
ficed in this way. 

After nearly ten years' service in the 
Patent Office (more than seven years as 
principal examiner), and having passed on 
the merits of more than 8,000 patents, be- 
sides much practical experience as inventor, 
engineer, and mechanic, I offer my services 
to inventors and others interested in patents, 
who desire the best work for a fair compen- 
sation. 

Wallace A. Bartlett, 

Washington, D. C. 



How to Apply for Patent. 



If you have made an invention and de- 
sire to procure a patent, I will conduct the 
case on as reasonable terms as any person or 
firm doing first-class work. I do not pre- 
tend to compete in prices with inexperienced 
or irresponsible parties. 

If you have made a full-sized machine 
embodying your invention, send me the 
working drawings and a full description, or 
photographs taken from at least two points 



28 

If not, the best way generally is to make a 
model of the device you have invented, if 
it can be illustrated by a model. A model 
when made shows your invention to be 
complete, and will readily explain the in 
vention to others. 

If the making of a model is very expen- 
sive, make drawings, in pencil or in ink, on 
a reasonably large scale, which show every 
part of the invention, the parts being let- 
tered and descriptions given. 

On receipt of the above, and fi\e dollars 
for services, I will make preliminary exam- 
ination of U. S. patents and report to you 
as to probability of obtaining patent, send- 
ing copies of nearest patents to the device 
in question. If on receipt of this report 
you believe you are warranted in proceed- 
ing, I will make drawings, prepare thespeci- 
cation, and return the papers to you to be 
signed and sworn to. The remainder of my 
fee, (usually twenty-five dollars) and the 
first U. S. Government fee (fifteen dollars) 
becomes due on filing the case. 

The c/ai'm is the vital part of the patent. 
No matter how carefully the other parts of 
the case are prepared, if the claim is faulty 
the patent is comparatively worthless. I 
will use special care to put the claim in the 
best possible form to secure your rights. I 
will prosecute the cause with vigor, but un- 
less so instructed by you, I will not sacri- 



20 

fice anything for the sake of getting a pat- 
ent in the shortest possible time. A man 
may often collect a debt quickly if he will 
accept a small percentage of his lawful 
claim. In the same way many solicitors 
procure patents and then boast of the 
rapidity with which their cases are passed. 
I am not in that line of business. Very 
respectfully yours, 

Wallace A. Bartlett, 
632 F street, Washington, D. C. 



30 



TRADE MARKS AND LABELS. 

The registration of a trade-mark often 
enables a manufacturer or dealer to control 
the trade in a particular line of goods, es- 
pecially as against the foreign manufacturer. 
The Grovernment fee for registration (28 
years, renewable,) is $25. The whole cost 
is generally $40. Labels may also be regis- 
tered at a total cost of ^15, but the label 
must not be a trade-mark. 

Design patents sometimes afford very val- 
uable protection. 



FOREIGN PATENTS. 

Foreign patents are often as valuable as 
U. S. patents. The cost of obtaining a 
patent in each European country is but 
little more than in the United States, say 
an average of $75 for the Western powers. 
Russian or Turkish patents are much more 
expensive. In most European countries 
there is a small annual tax. 

A Canadian patent may be taken within a 
year after the issue of the U. S. patent, and 
at a cost (usually) of about $50. 

I am prepared to prosecute patent busi- 
ness in all countries which grant patents. 
W. A. Bartlett. 



31 
ITEMS. 

The Patent Office will furnish a printed 
copy of any American patent (save a few 
not in print) for twenty-five cents, or 
twenty copies for ten cents each. 

Design patents cover ornament or con- 
figuration, and apply as well to machines as 
to other things. The fees are less than for 
mechanical patents, and the term may be 
three and a half, seven, or fourteen years, 
according to amoujit of fee paid. 

The longer a tiade-mark has been law- 
fully used, the better the right of the owner 
to register the same. 

The owner of a lawful trade-mark has the 
right to exclude all foreign goods bearing 
that mark from the United States, whether 
the importer is willing to pay duty or not. 

A solicitor who works on the *^ no patent 
no pay '^ plan has every inducement to ac- 
cept a patent which is such only in name, 
so that he may receive his fee. 

A solicitor who offers to furnish his 
clients with board, clothes, and free drinks, 
is not likely to give much attention to the 
patent business, although he may make a 
successful caterer. 

I expect in future, as in the past, to earn 
the reasonable fees I receive by close and 
careful attention to the patent business i:-) 
all its branches. 



32 
References (Among Many.) 



American Torpedo Co., New York. 

Rear Admiral Daniel Ammen, U. S. N., 
Washington, D. C. 

M. N. Amiss, Esq., Raleigh, N. C. 

Washington G. Benedict, Boston, Mass. 

A. B. Bowers, C. E., San Francisco, Cal. 
John Birch, Dayton, Ohio. 

Chief Engineer N. B. Clark, U. S. N., 
Washington, D. C. 

Crystal Salt Co., Warsaw, N. Y. 

W. Milton Farrow, (champion rifle shot) 
Springfield, Mass. 

J. A. Fay & Co., Cincinnati, O. 

Prof. Merritt Gaily, 76 sth Ave., N. Y. 

W. C. Gates, Manager Sentinel, Mil- 
waukee, Wis. 

Alex. Ingraham, Minneapolis, Minn. 

Senator B. F. Jonas, New Orleans, La. 

B. R. Jolly, Esq., Raleigh, N. C. 
Lockwood M'f'g Co., Norwich, Conn, 
Lloyd Bros., Birmimgham, England. 
Jonn G. Moore, President Mutual Union 

Telegraph Co., New York. 

Lieutenant Andrew H. Russell, Ordnance 
Corps, U. S. A., Vancouver, Wash. Ter. 

L. C. Smith Manufacturing Co., Syra- 
cuse, N. Y. 

Lieut. E. L. Zalinski, 5th Artillery, Fort 
Hamilton, N. Y. 



LIBRARY OF CONGRESS 



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